Industrial Designs Law in Norway
Here’s an overview of Industrial Designs Law in Norway:
Industrial Designs Law in Norway
1. Legal Framework
Industrial designs in Norway are governed by the Design Act (Designloven), most recently updated in 2021.
Norway is a member of the European Economic Area (EEA) but not an EU member, so it applies EU design law directives through the EEA Agreement.
Norway also follows international treaties like the Paris Convention, Hague Agreement, and TRIPS Agreement.
2. Definition and Protection
An industrial design protects the appearance of a product or part of a product, including features such as lines, contours, colors, shape, texture, and materials.
To be protected, the design must be:
New — no identical design made public before the filing date.
Have individual character — the overall impression must differ from existing designs.
3. Registration
Industrial designs are registered with the Norwegian Industrial Property Office (NIPO) — Patentstyret.
The application must include graphical representations (drawings or photos) of the design.
The Office conducts a formal examination, but there is no substantive examination for novelty or individual character.
Once registered, the owner obtains exclusive rights to the design in Norway.
4. Term of Protection
Protection is granted for an initial period of 5 years.
It can be renewed in 5-year increments, up to a maximum total term of 25 years from the filing date.
5. Unregistered Designs
Norway recognizes unregistered design rights under EU law via the EEA Agreement.
Unregistered designs have protection for 3 years from the date the design was first made available to the public in the EEA.
The scope of protection is narrower than for registered designs, limited mainly to acts of copying.
6. EU Community Designs
Since Norway is part of the EEA, EU Registered Community Designs (RCDs) are valid and enforceable in Norway.
Registered Community Designs offer protection across all EU and EEA countries, including Norway.
7. International Treaties
Norway is a member of:
Paris Convention
Hague Agreement (for international registration of industrial designs)
TRIPS Agreement
8. Enforcement
Design right infringements are handled by Norwegian courts.
Remedies include injunctions, damages, destruction of infringing goods, and recall of infringing products.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Design Act (Designloven) |
| Registration Authority | Norwegian Industrial Property Office (Patentstyret) |
| Examination | Formal examination only |
| Protection Term | 25 years (5-year renewals) |
| Unregistered Design Rights | 3 years from first public disclosure |
| EU Community Designs Valid? | Yes, via EEA Agreement |
| International Treaties | Paris Convention, Hague Agreement, TRIPS |
| Enforcement | National courts; injunctions, damages, destruction |
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